The Senior Regional Manager, (Madras ... vs The Presiding Officer, Second ... on 7 June, 2002
The decision of this Court in Hindustan Petroleum Corporation Ltd., Madras (by Deputy General Manager) vs. Third Additional Labour Court, Madras and another [1985 II LLN 787] also considered the aspect whether the parties could be permitted to amend or modify the pleadings when the proceedings are pending before the Labour Court. While considering the said question, this Court by placing reliance on the various decision of the Honourable Supreme Court held that when the proceedings are pending before the Labour Court, the amendment of the petition should not be rejected on technical grounds and, to avoid protraction of proceedings and to prevent miscarriage of justice, this should be liberally looked upon. However, a word of caution was also made that bonafides in institution of petition, the circumstances which had prevented from such a petition being filed earlier could also be gone into by the Labour Court. In the instant case, the Labour Court has made an observation that the fact which they seek to plead in the additional counter statement would not tantamount to gainful employment. The finding of the Labour Court is uncalled for since the proceedings are pending before the Labour Court for final adjudication. Hence, this Court is of the view that the impugned order calls for interference.